Related cases:
CAS OG_08_01 Azerbaijan NOC, AFHF & the Players vs FIH
August 2, 2008
CAS OG_08_04 Azerbaijan NOC, AFHF & the Players vs FIH
August 5, 2008
CAS OG_08_05 Azerbaijan NOC, AFHF & the Players vs FIH
August 8, 2008
From 12 to 20 April 2008, one of the three Women's World Hockey Qualifier competitions was held in Baku, Azerbaijan. The winner of the Event would qualify for the Olympic Games. The final of the Event was a match on Sunday, 20 April 2008, between the team representing the Real Federación Española de Hockey (RFEH) and the team representing the Azerbaijan Field Hockey Federation (AFHF). The Spanish team won the final 3-2.
On 21 May 2008, the FIH communicated that the A and B samples of two players, who competed for the Spanish team, taken during anti-doping tests carried out at the Event showed adverse analytical findings (AAF). In the same communication, the FIH stated that the players concerned had requested a hearing by the FIH Judicial Commission.
The hearing impacted not only the players but could also have affected the entire Spanish team by virtue of article 11.1 of the FIH Anti-Doping Policy, which reads: “if more than one team member in a Team Sport is found to have committed an Anti-Doping Rule violation during the Event, the team may be subject to Disqualification or other disciplinary action."
The FIH requested that the Judicial Commission find that the two players had committed an anti-doping rule violation and as a result disqualify the Spanish team from the Event.
The Judicial Commission found that one of the players committed an anti-doping rule violation. However, there was no fault or negligence on her part so no sanction was imposed; the second player was not found to have committed an anti-doping rule violation.
On 31 July 2008, AFHF, together with the players of the Azerbaijan Women's Field Hockey team and the ANOC, filed an application with the ad hoc Division of the CAS.
By decision of 2 August 2008, the ad hoc Division of the CAS dismissed the application filed by the ANOC, the AFHF and the Players on 31 July 2008 (the "First Award"). In this First Award, the CAS Panel found that ANOC, AFHF and the Players did not have standing to bring an appeal of the Decision.
Faced with the absence of standing, on 5 August 2008, the Applicants brought a further application before the CAS ad hoc Division seeking an order that FIH itself bring an appeal to CAS against the Decision.
By decision of 5 August 2008, the CAS ad hoc Division dismissed the application filed on 5 August 2008, including the requests for preliminary relief (the “Second Award”).
This amounts to a third appeal to the CAS ad hoc Division by the Applicants seeking substantially the same final relief as sought in the application which led to the First Award.
According to the Applicants’ submissions, this application arises by reason of their consideration, for the first time, of a copy of the Decision which was made available to them as a result of a direction given by the CAS Panel which delivered the First Award.
The Applicants submit that the Decision “shows the Applicants were openly blamed for committing sabotage of the Spanish team” and that in the Decision, “the Judicial Commission endorsed the allegations put forward by the Respondents.” The Applicants contend that the alleged findings of the Judicial Commission against them were made in circumstances where they had a right to be heard and were not heard. They submit that, in accordance with article 22.1 of the FIH Statutes and Byelaws, article 6.1 of the European Convention on Human Rights and general principles, since they have been denied procedural fairness by the Judicial Commission, the Decision should be annulled.
The CAS Panel finds that the Applicants seem to be seeking to appeal against the dismissed First Award. The First Award was erroneous. Indeed, with great respect, the Panel considered that it was clearly correct. In these circumstances, the Panel concluded that the Applicants have no standing to bring this application. In addition it is not necessary to consider the merits of the application or whether the Decision was, in fact, a correct one.
On the basis of the foregoing facts and legal aspects, the ad hoc Division of the Court of Arbitration for Sport renders on 8 August 2008 the following decision:
The application filed by the Azerbaijan Field Hockey Federation and the Azerbaijan National Olympic Committee on 7 August 2008 is hereby dismissed.
Hereafter the AFHF appealed the CAS decision with the Swiss Federal Court. The AFHF requested to set aside the CAS decision due to it has no jurisdiction and lack of locus standi.
The Swiss Federal Court rejected the complaints and arguments of the Athletes and decides on 22 January 2009 to dismiss the appeal.
